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We have contract with a customer that we installed a new HVAC system in his home and after installation (before we had completed job to 100%) he expressed his 3 day right to cancel after the 3 days. He has demanded for us to come and remove the equipment under the condition that he not be at the location. We had refused this as we will not go to his home with out him there. He is refusing to pay any amount on his contract. We are unsure of what our legal rights are and what our next step should be.
CaliforniaI have a client that has terminated me and is trying to get out of paying my final bill because she is trying to invalidate my contract. I used an AIA cost plus a fee with no guaranteed maximum price.
CaliforniaHe owns me 39000.
LouisianaThe contractor I hired I fired in a day of starting work. He started demo without permits and the job was shut down and he did not cap the old water pipes outside and they flooded the first floor and went into the basement. I fired him when I found my house was flooded from his negligence. I paid him prior to him starting $7,000.00 which he cashed before he started. When I told him he was fired he told me I wasn't getting any of my money back and I would be owing him a lot more money. I asked for what and he said he didn't know yet but would send me a final bill. I have received his final bill and have called the people he claimed he paid and one of them told me she was his wife's friend and never received any money from him. He also made up other bills to try to get almost $6,000.00 more dollars from me for 4 hours of work. He has put a mechanics lien on my house for $5,958.42. I consider this fraud and extortion.
CaliforniaI am a senior citizen and have a grant from my USDA mortgage holder to get some capital improvements in my home. The heating contractor was aware of this before the work was done to replace to rusted out baseboard heaters in my basement. At the time of work completion; namely 6pm on a Friday night, the contractor's helper turned on me and demanded full payment of nearly $500.00 for the work. I reminded hm that this was a grant project and that it wasnt me paying the bill. He went out in the driveway to his van and with his megaphone mouth, and in open earshot of the neighbors, began a conversation with his boss about this matter. The boss told the guy to either collect now or turn off my boiler. So the guy came back in and turned off my boiler. Not being stupid, I know full well what was done to this lone senior woman was not only horrendously abusive but totally illegal, and that payment terms are at least 10-30 days, not 10 seconds after the job is done 6 pm on a Friday night. Obviously I had no way of contacting my agent for a check at that time. This contractor needs to be criminally charged, fined, and forced to do a big chunk of community service so that he would NEVER dream of doing this to anyone ever again. Whom do I contact to get his ball rolling?? My agent brought the check on Monday morning and expressed how appalled she was at this treatment. I havent yet called him to come turn on the boiler and collect his check, but I will.
Please dont suggest the attorney general. They have zero legal authority here and dont even rate a broom closet for an office in the state building in Syracuse. They are in some dark corner somewhere down the blvd. and are the equivalent of a bunch of girl scouts selling cookies. I am serious about the guy getting punished and getting it big time!!!! This happened in Marcellus NY
New YorkThank you for the previous response. I do not see where the attorney made any missteps so far as far as timelines and notifications and all of that. I was hoping you could tell me, just based upon the facts that I gave you, if the lien was invalid, and if so, how I can demand that it be removed. I sent a letter by express mail to the attorney saying that since both were unlicensed that her client had broken the law and also that a lien for more than five hundred dollars cannot be foreclosed upon. She responded that she will not remove the lien. It will be costly to hire a lawyer, I'm sure. I was hoping you can tell me if she is in the wrong. Can I complain to the California State Bar? Can her client open himself to liability, criminal or otherwise? Obviously, I'll never collect on a judgement from him. Should I take him to Small Claims court to get a judgement and get the lien removed? I am in a hurry, because I am trying to sell the home, so I don't want to wait this out. Another question I have for you sir, I do appreciate you help (!), is specifically about this. I read that in California an unlicensed person cannot foreclose on a claim of more than five hundred dollars. I am not sure if and that how that applies here. It seems to me that if that is true then these people are harassing me. This is causing great stress and frustration. Lastly, if I do have to hire a lawyer, would you suggest where I would find the right one? Thanks again.
CaliforniaDo I need to file a mechanics lien?
Or do I need to do some other kind of contract agreement.
I did some construction work on my friends house a couple years ago and he was going to pay me when he was able to get the money to do so. He has decided to sell his house and I want to make sure to protect myself for the monies owed to me and I was wondering if a mechanics lien could be filed so that the title doesn't get transferred until my bill is satisfied.
TexasIs privity with the owner required to file a lien in Texas? Does the claimant need to have a written contract?
Texas